Case 1:17-cr-00601-ENV Document 1 Filed 11/01/17 Page 1 of 6 PageID #: 1

FILED
CLERK
AL;TH
F.#2014R00908
20I]NOV-I PH h36
U.S. DiS i KlC i CuURT
UNITED STATES DISTRICT COURT EASTERH OlSTRiCT
EASTERN DISTRICT OF NEW YORK OF LEW YORK
-X

UNITED STATES OF AMERICA INDICTMENT

- against -
BL 17 -601
DAMIANO ZUMMO and 84I(b)(I)(A)(ii)(II),
SALVATORE RUSSO, 84I(b)(I)(B)(ii)(II), 846, 853(a),
853(p), 982(a)(1) and 982(b)(2); T. 18,
Defendants. U.S.C., 1956(a)(3)(B), 2 and
3551 et seq.)

X
VITALIANO, J.
THE GRAND JURY CHARGES: ORENSTEIN, M.J.

COUNT ONE
(Conspiracy to Distribute and Possess with Intent to Distribute Cocaine)

I. In or about and between July 2017 and October 2017, both dates being

approximate and inclusive, within the Eastern District of New York and elsewhere, the

defendants DAMIANO ZUMMO and SALVATORE RUSSO,together with others, did

knowingly and intentionally conspire to distribute and possess with intent to distribute a

controlled substance, which offense involved a substance containing cocaine, a Schedule II

controlled substance, contrary to Title 21, United States Code, Section 841(a)(1). The

amount of cocaine involved in the conspiracy attributable to each ofthe defendants as a

result of his own conduct, and the conduct of other conspirators reasonably foreseeable to

him, was five kilograms or more of a substance containing cocaine.

(Title 21, United States Code, Sections 846 and 841(b)(l)(A)(ii)(II); Title 18,

United States Code, Sections 3551 et seq.l

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COUNT TWO
(Distribution and Possession of Cocaine with Intent to Distribute)

2. On or about September 14,2017, within the Southern District of New

York,the defendants DAMIANO ZUMMO and SALVATORE RUSSO,together with

others, did knowingly and intentionally distribute and possess with intent to distribute a

controlled substance, which offense involved 500 grams or more of a substance containing

cocaine, a Schedule II controlled substance.

(Title 21, United States Code, Sections 841(a)(1) and 841(b)(l)(B)(ii)(II);

Title 18, United States Code, Sections 2 and 3551 et seq.I

COUNT THREE
(Money Laundering)

3. In or about and between August 2017 and October 2017, both dates

being approximate and inclusive, within the Eastern District of New York and elsewhere, the

defendant DAMIANO ZUMMO did knowingly and intentionally conduct and attempt to

conduct one or more financial transactions in and affecting interstate and foreign commerce

involving property represented by persons at the direction of, and with the approval of, a

federal official authorized to investigate violations of Title 18, United States Code, Section

1956, to be proceeds of specified unlawful activity, to wit; narcotics trafficking, in violation

of Title 21, United States Code, Section 841, with the intent to conceal and disguise the

nature, location, source, ownership and control of property believed to be the proceeds of

specified unlawful activity.

(Title 18, United States Code, Sections 1956(a)(3)(B),2 and 3551 et seq.l
 Case 1:17-cr-00601-ENV Document 1 Filed 11/01/17 Page 3 of 6 PageID #: 3

CRIMINAL FORFEITURE ALLEGATION AS TO COUNTS ONE AND TWO

4. The United States hereby gives notice to the defendants that, upon their

conviction of either ofthe offenses charged in Counts One or Two,the government will seek

forfeiture in accordance with Title 21, United States Code, Section 853(a), which requires

any person convicted of such offenses to forfeit:(a)any property constituting, or derived

from, any proceeds obtained directly or indirectly as the result ofsuch offenses, and(b)any

property used, or intended to be used, in any maimer or part, to commit, or to facilitate the

commission of, such offenses.

5. If any ofthe above-described forfeitable property, as a result of any act

or omission ofthe defendants:

(a) cannot be located upon the exercise of due diligence;

(b) has been transferred or sold to, or deposited with, a third party;

(c) has been placed beyond the jurisdiction ofthe court;

(d) has been substantially diminished in value; or

(e) has been commingled with other property which cannot be

divided without difficulty;

it is the intent ofthe United States, pursuant to Title 21, United States Code, Section 853(p),

to seek forfeiture of any other property ofthe defendants up to the value ofthe forfeitable

property described in this forfeiture allegation.

(Title 21, United States Code, Sections 853(a)and 853(p))

 Case 1:17-cr-00601-ENV Document 1 Filed 11/01/17 Page 4 of 6 PageID #: 4

CRIMINAL FORFEITURE ALLEGATION AS TO COUNT THREE

6. The United States hereby gives notice to the defendant charged in

Count Three that, upon his conviction ofsuch offense, the government will seek forfeiture in

accordance with Title 18, United States Code, Section 982(a)(1), which requires any person

convicted ofsuch offense to forfeit any property, real or personal, involved in such offense,

or any property traceable to such property.

7. If any ofthe above-described forfeitable property, as a result of any act

or omission ofthe defendant:

(a) cannot be located upon the exercise of due diligence;

(b) has been transferred or sold to, or deposited with, a third party;

(c) has been placed beyond the jurisdiction ofthe court;

(d) has been substantially diminished in value; or

(e) has been commingled with other property which cannot be

divided without difficulty;

 Case 1:17-cr-00601-ENV Document 1 Filed 11/01/17 Page 5 of 6 PageID #: 5

it is the intent ofthe United States, pursuant to Title 21, United States Code, Section 853(p),

as incorporated by Title 18, United States Code, Section 982(b)(1), to seek forfeiture of any

other property of the defendant up to the value ofthe forfeitable property described in this

forfeiture allegation.

(Title 18, United States Code, Sections 982(a)(1) and 982(b)(1); Title 21,

United States Code, Section 853(p))

A TRUE BILL

RSON

BRIDGET M. ROHDE
ACTING UNITED STATES ATTORNEY
EASTERN DISTRICT OF NEW YORK
 Case 1:17-cr-00601-ENV Document 1 Filed 11/01/17 Page 6 of 6 PageID #: 6

F. # 2014R00908

FORM DBD-34 No.

JUN. 85

UNITED STATES DISTRICT COURT

EASTERN District of NEW YORK

CRIMINAL DIVISION

THE UNITED STATES OF AMERICA

V5.

DAMIANO ZUMMO and SALVATORE RUSSO,

Defendants.

^ INDICTMENT
(T. 21, U.S.C., 841(a)(1), 841(b)(l)(A)(ii)(II), 841(b)(l)(B)(ii)(II),
846, 853(a), 853(p), 982(a)(1) and 982(b)(2); T. 18, U.S.C.,
1956(a)(3)(B), 2 and 3551 et s^.)

..IT" Foreperson

Filed in open court this day,

of A.D.20

Clerk

Bail, $

Tanya Hajjar, Assistant U.S. Attorney(718)254-6109